5-302 USE OF FORCE
DEFINITIONS (10/16/02) (10/01/10)
Active Aggression: Behavior
initiated by a subject that may or may not be in response to police efforts
to bring the person into custody or control. A subject engages in active
aggression when presenting behaviors that constitute an assault or the
circumstances reasonably indicate that an assault or injury to any person is
likely to occur at any moment. (10/01/10) (04/16/12)
Active Resistance: A
response to police efforts to bring a person into custody or control for
detainment or arrest. A subject engages in active resistance when engaging in
physical actions (or verbal behavior reflecting an intention) to make it
more difficult for officers to achieve actual physical control. (10/01/10)
(04/16/12)
Deadly Force: Minn. Stat.
§609.066 states that: “Force which the actor uses with the purpose of causing,
or which the actor should reasonably know creates a substantial risk of causing
death or great bodily harm. The intentional discharge of a firearm other than a
firearm loaded with less-lethal munitions and used by a peace officer within
the scope of official duties, in the direction of another person, or at a
vehicle in which another person is believed to be, constitutes deadly force.”
(10/01/10)
Flight: Is an effort
by the subject to avoid arrest or capture by fleeing without the aid of a motor
vehicle. (10/01/10)
Great Bodily Harm: Bodily
injury which creates a high probability of death, or which causes serious
permanent disfigurement, or which causes a permanent or protracted loss or
impairment of the function of any bodily member or organ, or other serious
bodily harm.
Non-Deadly Force: Force that
does not have the reasonable likelihood of causing or creating a substantial
risk of death or great bodily harm. This includes, but is not limited to,
physically subduing, controlling, capturing, restraining or physically managing
any person. It also includes the actual use of any less-lethal and non-lethal
weapons. (08/17/07)
Objectively Reasonable Force: The
amount and type of force that would be considered rational and logical to an
“objective” officer on the scene, supported by facts and circumstances known to
an officer at the time force was used. (08/17/07)
Passive Resistance: A
response to police efforts to bring a person into custody or control for
detainment or arrest. This is behavior initiated by a subject, when the subject
does not comply with verbal or physical control efforts, yet the subject does
not attempt to defeat an officer’s control efforts. (10/01/10) (04/16/12)
Use of Force: Any
intentional police contact involving: (08/17/07) (10/01/10)
·
The use of any weapon, substance, vehicle, equipment, tool,
device or animal that inflicts pain or produces injury to another; or
·
Any physical strike to any part of the body of another;
·
Any physical contact with a person that inflicts pain or produces
injury to another; or
·
Any restraint of the physical movement of another that is applied
in a manner or under circumstances likely to produce injury.
Definitions
Refer to the Commonly Used Terms page for general definitions.